Usindiso building fire suspect Thembiso Lawrence Mdlalose appeared before the Johannesburg magistrate’s court on Wednesday and failed to disclose the reasons for his lawyer Dumisani Mabunda’s absence from court.
Mdlalose, a resident of the Marshalltown building in the Joburg CBD, appeared in court on Wednesday. He is charged with one count of arson, 76 counts of murder and 86 counts of attempted murder.
Lawyer absent
Judge Ulanda Labuschagne raised questions about Mabunda’s whereabouts.
Spotting a clean haircut, a grey sweater, and leg chains, Mdlalose said that he doesn’t know where his lawyer was.
Labuschagne postponed the matter to March 22 for Mdlalose’s lawyer to be present and for further investigations by the state.
Furthermore, prosecutor Tshepo Mahange Ka Mzizi revealed that the investigators has received new information. He added that the information will take the case into the proper direction.
New information discovered
“Hopefully this can be presented before the court on March 22,” Mahange Ka Mzizi added.
Mdlalose was remanded in custody. He made eye contact with his sisters, who sat in the back seat of the public gallery. He winked at them, and they blew him kisses.
It turned out that Mabunda was present outside the courtroom. He cited a family commitment as having led to his court absence. He told journalists that he intends to challenge the in-camera confession that his client has made.
‘Absent’ lawyer speaks
“He made a statement to the police instead of doing a pointing out on February 1. The statement that he made is contrary to what he has already submitted. My client was ill-informed on some of the matters when he made that alleged confession. He did not have legal aid at that point. A pointing out is helping the state with their case.
“I have spoken to the prosecutor, and he has not revealed the new findings in their investigations of this matter. There is a possible charge of robbery that they might add on the charge sheet,” Mabunda added.
Mabunda said that the new statement will have a huge impact on the case.
Challenges new information as ‘allegations’
He said: “He who alleges, must prove. I will make an application that the first confession must be dropped.”
Outside court, National Prosecuting Authority spokesperson Phindi Mjonondwane said that the state will not entertain the statement until the defence makes the relevant application before court to challenge the admissibility of the said confession.
Mjonondwane also confirmed that the state requested a postponement to conclude investigations.
Investigations continue
She said: “As the state, we are duty-bound to ensure that all outstanding investigations are completed. [This is] so that the matter can go to the next stage of plea and trial.
“…The matter is still in the investigation phase. We can confirm that the pointing out did not take place. The accused decided to not participate in this. What we have at our disposal will be sufficient to take the matter to trial.”
